In general, under current Wisconsin law, no person may go armed with a concealed and dangerous weapon. The "going armed with" language includes cases in which a person is carrying a concealed weapon but has not gone and is not going anywhere with it and cases in which a weapon is readily accessible to a person in a car. A person who violates the prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both. This prohibition has many exceptions. First, Wisconsin Statutes expressly exempt law enforcement officers. In addition, under State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, this prohibition is unconstitutional if applied to a person carrying a concealed weapon at his or her own business when: 1) the person's interest in carrying a concealed weapon substantially outweighs the state's interest in enforcing the concealed weapons law; 2) the person has no other reasonable means to keep and handle the weapon; and 3) the person is not motivated by an unlawful purpose in concealing it. In Hamdan, the court also indicated that the constitutional right to keep and bear arms for security allows a person to carry a concealed weapon under certain circumstances in his or her own home. Finally, under federal law, qualified law enforcement officers and qualified retired law enforcement officers may carry concealed firearms that have been shipped or transported in interstate or foreign commerce, regardless of any state prohibition. This bill eliminates the prohibition against going armed with a concealed and dangerous weapon.

Current law also prohibits, with certain exceptions, going armed with or possessing a firearm in a public building, tavern, state park, or wildlife refuge or within 1,000 feet of the grounds of a school. This bill eliminates the prohibitions against going armed with or possessing a firearm in a public building or tavern but this bill adds general prohibitions against carrying weapons into a police station, sheriff's office, or state patrol station; a prison, jail, house of correction, or secured correctional facility; a courthouse; a place beyond a security checkpoint in an airport; and a building owned or leased by the state or any political subdivision of the state if the building provides electronic screening for weapons at all public entrances to the building and provides locked storage for weapons on the premises while the person carrying the weapon is in the building. This bill applies the prohibition against going armed with or possessing a firearm in a state park or a wildlife refuge only to firearms that are not handguns. This bill also limits the prohibition against going armed with or possessing a firearm within 1,000 feet of the grounds of a school only to the grounds of a school. Any federal prohibitions against guns in school zones, however, still apply.

In addition, current law prohibits, with certain exceptions, carrying a firearm, bow, or crossbow in most vehicles unless the firearm is unloaded and encased or the bow or crossbow is unstrung and encased. This bill generally eliminates the requirements that the firearm be unloaded and encased and that the bow or crossbow be unstrung and encased in order to be carried in a vehicle. The bill retains the requirement that a firearm be unloaded and encased in order to be carried on a commercial aircraft.

This bill specifies that an individual does not violate the prohibition against disorderly conduct, or does not violate any local ordinance prohibiting disorderly conduct, by loading, carrying, or going armed with a firearm without regard to whether the firearm is loaded or whether the firearm is concealed or openly carried.

This bill also repeals the current law prohibition against possessing electric weapons.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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29.089 (2) Except as provided in sub. (3) and except if the firearm is a handgun 4as defined in s. 175.35 (1) (b), no person may have in his or her possession or under 5his or her control a firearm on land located in state parks or state fish hatcheries 6unless the firearm is unloaded and enclosed within a carrying case.

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29.314 (3) (a) Prohibition. No person may use or possess with intent to use a 5light for shining deer, elk, or bear while the person is hunting deer, elk, or bear or in 6possession of a firearm that is not a handgun, bow and arrow, or crossbow.

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29.314 (4) (a) Prohibition. No person may use or possess with intent to use a 9light for shining wild animals while the person is hunting or in possession of a 10firearm that is not a handgun, bow and arrow, or crossbow.

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48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a 19charge of a serious crime, but does not completely and clearly indicate the final 20disposition of the charge, the department, county department, agency contracted 21with under s. 48.651 (2), child welfare agency, school board, or entity shall make 22every reasonable effort to contact the clerk of courts to determine the final disposition 23of the charge. If a background information form under sub. (6) (a) or (am) indicates 24a charge or a conviction of a serious crime, but information obtained under par. (am) 25or (b) 1. does not indicate such a charge or conviction, the department, county 1department, agency contracted with under s. 48.651 (2), child welfare agency, school 2board, or entity shall make every reasonable effort to contact the clerk of courts to 3obtain a copy of the criminal complaint and the final disposition of the complaint. 4If information obtained under par. (am) or (b) 1., a background information form 5under sub. (6) (a) or (am), or any other information indicates a conviction of a 6violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01
(1), or 947.013 7obtained not more than 5 years before the date on which that information was 8obtained, the department, county department, agency contracted with under s. 948.651 (2), child welfare agency, school board, or entity shall make every reasonable 10effort to contact the clerk of courts to obtain a copy of the criminal complaint and 11judgment of conviction relating to that violation.

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50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge 14of a serious crime, but does not completely and clearly indicate the final disposition 15of the charge, the department or entity shall make every reasonable effort to contact 16the clerk of courts to determine the final disposition of the charge. If a background 17information form under sub. (6) (a) or (am), or any disclosure made pursuant to a 18disclosure policy described under sub. (6) (am), indicates a charge or a conviction of 19a serious crime, but information obtained under par. (am) or (b) does not indicate 20such a charge or conviction, the department or entity shall make every reasonable 21effort to contact the clerk of courts to obtain a copy of the criminal complaint and the 22final disposition of the complaint. If information obtained under par. (am) or (b), a 23background information form under sub. (6) (a) or (am), any disclosure made 24pursuant to a disclosure policy described under sub. (6) (am), or any other 25information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 1941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date 2on which that information was obtained, the department or entity shall make every 3reasonable effort to contact the clerk of courts to obtain a copy of the criminal 4complaint and judgment of conviction relating to that violation.

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59.54 (6)Peace and order. The board may enact and enforce ordinances to 7preserve the public peace and good order within the county including, but not limited 8by enumeration, ordinances prohibiting conduct that is the same as or similar to 9conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for 10a violation of the ordinances.

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66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is 13authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance 14or adopting a resolution that restricts the discharge of a firearm.
Any ordinance or 15resolution that restricts the discharge of a firearm does not apply and may not be 16enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, 17would have been subject to a defense described in s. 939.45.

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14. 66.0409 (6) of the statutes is created to read:

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66.0409 (6) No person may be in violation of, or be charged with a violation of, 20an ordinance of a political subdivision relating to disorderly conduct or other 21inappropriate behavior for loading, carrying, or going armed with a firearm, without 22regard to whether the firearm is loaded or is concealed or openly carried. Any 23ordinance in violation of this subsection does not apply and may not be enforced.

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110.07 (1) (a) 3. Have authority to enter any place where vehicles subject to this 7chapter, ss. 167.31 (2) (b) to(c) and (d) and 287.81 and chs. 194, 218 and 341 to 350 8are stored or parked at any time to examine such vehicles, or to stop such vehicles 9while en route at any time upon the public highways to examine the same and make 10arrests for all violations thereof.